Search form

Featured Topics

To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

13 FLRA No. 56
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1858, AFL-CIO
(Union)
and
U.S. ARMY MISSILE COMMAND, MISSILE
AND MUNITIONS CENTER AND SCHOOL,
REDSTONE ARSENAL, ALABAMA
(Activity)
Case No. O-AR-277
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Sherman Dallas filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
The dispute in this matter concerns the Activity's change in the tour
of duty for certain instructors and support personnel. The issue before
the Arbitrator was whether the Activity violated the provision in the
parties' collective bargaining agreement pertaining to tour of duty
changes, which prohibits such changes if "continuation of the regular
tour of duty would not seriously handicap the performance of a function
or would not result in substantially increased cost." The Arbitrator
concluded that continuation of the former tour of duty would have
seriously handicapped the performance of the teaching function at the
Activity's school. Accordingly, as his award, the Arbitrator denied the
grievance.
In its exceptions, the Union essentially alleges that the award is
contrary to law and the parties' agreement because it is based on the
Arbitrator's misinterpretation and misapplication of the cited provision
in the agreement. The Union maintains that by agreeing to the provision
the Activity gave up its right to change tours of duty without
negotiating with the Union.
Upon careful consideration of the entire record before the Authority,
including the contentions of the parties, the Authority concludes that
the Union has failed to establish that the award is deficient. It is
clear that the Union is attempting to relitigate the merits of the case
before the Authority since the Union's exceptions and supporting
contentions essentially constitute disagreement with the Arbitrator's
conclusion that the tour of duty change was not violative of the
parties' agreement. It is well-established that disagreement with an
arbitrator's interpretation of a collective bargaining agreement does
not provide a basis for finding an award deficient under the Statute.
E.g., American Federation of Government Employees, Local 1210 and
Immigration and Naturalization Service, 8 FLRA No. 17 (1982).
Accordingly, the Union's exceptions are denied. Issued, Washington,
D.C., November 1, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY